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Comment by cm2187 | Hacker News Reader

What I don't understand is how is it even constitutional in the US. Isn't it a warrant-less search? It's not like scanning content on a cloud. The cloud owns the device on which you store your data. But you own your mobile.

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The Constitution applies only to the government. A user's relationship with Apple is not in any way governed by the Constitution, just like how Twitter banning people who violate the terms of service is not a violation of the first amendment to the Constitution.

The constitution constrains what the Federal government can do, not what private companies can do.

Not that I am qualified to hold a legal debate, but as far as I know, if Apple implements this under the pressure from the state, and that it reports what it findings to the state, it is effectively an agent of the state and it should apply.

As far as I’m aware, the laws which require cloud service operators to scan for CSAM have been on the books for a long time, and none of the usual orgs have raised a constitutional challenge to them. I’m not a legal expert either, though.

But that's the big difference, cloud providers are scanning the data they hold on their device. Your iphone is not Apple's device. Cloud providers have a liability if they knowingly store illegal content, the data is stored on their property, Apple does not, it is your property. It's like if Ford was going to scan what you store in the trunk of your car.

The headline is misleading. The rumored change only impacts photos your device is uploading to iCloud, and it seems like Apple servers are a necessary part of the protocol.

Doesn't apple upload all your photos to icloud by default?

It’s been a long time since I’ve set up my phone, so I don’t remember the defaults. If I recall correctly, photo stream (last ~100? photos) was on by default but not the entire photo library.

"Your iphone is not Apple's device". Well, is it not ? When you "jailbreak" it, who has the key of the cage ? How many network exchange does your phone with Apple do every day, every hour, every second ?

Oh, the irony. Apple users will finally demand that their phone be "their" device and won't say that they are perfectly happy with Apple making decisions for them because they absolutely trust Apple

Under orders yes. Under pressure no.

Well that is under the false assumption of you own your mobile.

Which isn't true for Apple. Not too sure about Android. But everything you do on your Apple Devices, including its Hardware, Software and its Services, works more like Apple lend it to you for a price.

And as other mention, only the government and not a private company.

Not if you give permission, which you do by your purchase agreement.

You're correct, but I would love to see a TOS that gives Apple permission to exercise cruel and unusual punishment for violating their terms. The eighth amendment only applies to the government, after all! /s?

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